Under Michigan law, federally licensed firearms dealers are not liable for damages arising from the use or misuse of a firearm if the sale complies with state and federal law.1

Michigan also prohibits political subdivisions from bringing civil actions against a person who “produces” (i.e., who manufactures, constructs, designs, formulates, develops standards for, prepares, processes, assembles, inspects, tests, lists, certifies, gives a warning or instruction regarding, markets, sells, advertises, packages, labels, distributes, or transfers)2 a firearm or ammunition, and reserves the authority to do so exclusively to the state.3

Political subdivisions are not prohibited from bringing the following actions:

  • A contract issue or action based on a provision of the Uniform Commercial Code, in which the political subdivision is the purchaser and owner of the firearm or ammunition;
  • Expressed or implied warranty actions arising from the purchase of a firearm or ammunition by the political subdivision or the use of a firearm or ammunition by an employee or agent of the political subdivision; or
  • Product liability, personal injury, or wrongful death actions when an employee or agent or property of the political subdivision has been injured or damaged as a result of a defect in the design or manufacture of the firearm or ammunition purchased and owned by the political subdivision.4

However, an action by a political subdivision may not be based on the inherent potential of a firearm or ammunition to cause injury, damage, or death, or failure to warn of such potential.5 Furthermore, an action may not be based on a failure to include a device or mechanism to prevent a firearm or ammunition from being discharged by an unauthorized person unless specifically provided for by contract.6

See our Gun Industry Immunity policy summary for a comprehensive discussion of this issue.

Notes
  1. Mich. Comp. Laws Serv. § 28.435(7). ⤴︎
  2. Mich. Comp. Laws Serv. § 28.435(15)(e). ⤴︎
  3. Mich. Comp. Laws Serv. § 28.435(9). ⤴︎
  4. Mich. Comp. Laws Serv. § 28.435(10). ⤴︎
  5. Mich. Comp. Laws Serv. § 28.435(11). ⤴︎
  6. Id. ⤴︎